BURTON v. PNC BANK, N.A.


12 A.D.3d 264 (2004)

784 N.Y.S.2d 544

JOSEF BURTON, as Trustee Under the Anne Buxbaum Revocable Living Trust and as Executor of Anne D. Buxbaum, Deceased, Appellant-Respondent, v. PNC BANK, N.A., Respondent-Appellant. PNC BANK, N.A., Third-Party Plaintiff-Appellant, v. A.G. EDWARDS & SONS, INC., Third-Party Defendant-Respondent, et al., Third-Party Defendants.

Appellate Division of the Supreme Court of the State of New York, First Department.

November 18, 2004.


Plaintiff alleges that defendant PNC Bank improperly honored checks written against the subject account by one Lyuri Hardishek, who, according to plaintiff, was "a stranger to the account." Thus, plaintiff contends that the checks were not "properly payable" pursuant to UCC 4-401 and that Hardishek's signature on the checks was unauthorized and, as such, inoperative (see UCC 3-404). However, Edward Burton, plaintiff's father and cotrustee of the trust that opened the...

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